The RC [RRC] rural residential cluster district is hereby created for the following purposes: (i) to encourage efficient and well-planned use of land; (ii) to encourage and promote the preservation of agricultural and forestal lands, other valuable resource areas and open spaces; (iii) to promote safety of travel on public roads; and (iv) to preserve the rural visual qualities of the county.

The RC [RRC] rural residential cluster district overlays the primary zoning districts with regulations that extend, restrict, or otherwise modify the regulations of the primary district(s) over which it is superimposed. An RC [RRC] rural residential cluster district is established as an overlay map amendment within the agricultural district on a case-by-case basis by the board of supervisors according to a master plan of development submitted by the applicant. As part of the establishment of any RC [RRC] rural residential cluster district, any proposed development ensuing from such reclassification shall be based on plans and associated documents and/or conditions, including conditions volunteered by the applicant as may be approved by the board of supervisors after following the procedures for zoning map amendments set out in article 19 of this zoning ordinance. Unless otherwise modified in this article, each RC [RRC] rural residential cluster district shall be subject to residential density, height, yard and other regulations established within the agricultural district.

The zoning district map shall show by an appropriate symbol on the map each RC [RRC] rural residential cluster district established under this article. In addition, the zoning administrator shall keep in the office where zoning records are maintained an index of all RC [RRC] rural residential cluster districts and make such index available for public inspection. The index shall provide a direct reference to the ordinance that created the district. In the event an RC [RRC] rural residential cluster district contains proffered conditions pursuant to article 19, the indexing of such conditions shall be governed by the requirements of article 19, and also be appropriately cross indexed with the RC [RRC] rural residential cluster district index.

An application for an RC [RRC] rural residential cluster district shall be accompanied with a site plan following the requirements for site plans set out under site plan requirements in article 14.

This article recognizes that rural residential cluster subdivisions are subdivisions of land subject to the applicable requirements of the county's subdivision ordinance and other development ordinances. Nothing in this article or zoning ordinance shall exempt an owner from meeting the requirements of such other ordinances.

Preliminary plans as may be required in this article may, upon approval, also serve as the preliminary planning required by the subdivision ordinance. Accordingly, once a preliminary site plan has been approved under this article, such preliminary plan shall serve as a preliminary subdivision plat under the subdivision ordinance provided the requirements for the subdivision ordinance also have been met.

A.

Uses of underlying primary zoning districts. Land within an RC [RRC] rural residential cluster district may be used for any purpose permitted in the underlying primary zoning district in which the RC [RRC] rural residential cluster district is located, with the following exceptions:

(1)

Each lot designated for residential use within a rural cluster subdivision shall be used only for one dwelling unit.

(2)

Land designated for common or community use may be used only for the use or uses designated on the site plan and approved by the board of supervisors.

(3)

Land designated for preservation may be used only for the use or uses designated on the site plan and approved by the board of supervisors.

(4)

The use and development of the property within the RC [RRC] rural residential cluster district shall comply with any conditions voluntarily proffered by the applicant and approved by the board of supervisors.

1.

A cluster subdivision shall consist of an area set aside for residential lots and a residual area set aside for preservation.

2.

The number of residential lots that may be established shall be limited to seven lots for the first 21 acres plus one lot for every ten additional acres in the total tract.

3.

The minimum area that shall be set aside as a residual parcel for preservation is 50 acres.

4.

The average residential lot size shall be not less than three acres provided that no single lot shall be smaller than one acre nor larger than five acres.

5.

For purposes of computing the average lot area, only those lots established and intended for residential use may be considered.

6.

The residual parcel may not be used as a separate lot for a dwelling except that it may contain a single farm dwelling which is used as part of an operational farm and occupied by a person responsible for operating the farm.

The following guidelines are for the purpose of providing the cluster subdivision designer with various techniques for designing subdivisions that enhance, rather than detract from, the rural character of the county. They are intended to serve as a guide to the design of residential developments of the type this zoning ordinance is intended to promote in rural areas.

A.

Residential lots having their main frontage on existing public roads are required to be larger and require more frontage than internal subdivision lots in order to limit the number of driveway connections between residential properties and existing public roads.

B.

Most of the lots in new subdivisions are expected to front on new streets installed by the developer. It is preferred that these lots be smaller in order to increase the amount of land that may be set aside for preservation of agricultural or forestal lands or for protection of natural resources.

C.

The distance between the (existing) public road which serves a residential unit and the unit itself should be two or three times greater than the front yard setbacks required in the zoning district in which the site is located. Where practicable, dwellings should be located at the edge of woods, or within the woods or small groves, to enable as much farmland as possible to remain undisturbed and to focus maximum emphasis on the tracts intended for preservation.

A residual parcel within a cluster subdivision is that portion of the parcel which is not subdivided into residential lots, and which is intended for preservation or conservation of a natural resource or for the common use of owners of the lots within the same subdivision [and] shall be subject to the following requirements. Any portion of the existing parcel (before subdivision) that is not planned for use as residential lots shall be designated on the subdivision plan as the "residual parcel."

A.

Types of resource areas that are eligible to be considered for preservation.

(1)

Farmland or forested areas.

(2)

Historic sites.

(3)

Environmentally sensitive areas including but not limited to wetlands, natural habitat areas, and floodplains.

(4)

Certain physical conditions such as excessive slopes, highly permeable and/or highly erodible soils.

(5)

Lands set aside for common use of residents of the development or for community use.

B.

Site plan for residual parcel. The preliminary site plan submitted along with the application for rezoning for an RC [RRC] rural residential cluster district in accordance with the site plan requirements of this article shall show the proposed use and arrangement of planned uses of the residual parcel. If the uses of the residual parcel are intended to serve the exclusive needs of the future residents of the residential portion of the development and include among other things recreational facilities, space for home gardens, usable open space such as for playfields, exercise courses, and the like, the site plan shall show such intended use or uses. If the residual parcel, however, is intended to be placed into preservation for agricultural, forestal or environmental purposes, then a statement setting out the purpose for which the tract is to be preserved shall be included with the site plan.

C.

Method of protecting residual space. An application for a zoning reclassification to establish an RC [RRC] rural residential cluster district shall include a description of the method to be used for protecting the portion of a proposed RC [RRC] rural residential cluster district that is in the residual parcel. Options for such documentation include easements, rights-of-way, dedications, voluntary proffers, or other appropriate means satisfactory to the board of supervisors to ensure that the reserved land will continue to be used for the purpose designated in the application.